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NAVY | BCNR | CY2001 | 02756-01
Original file (02756-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj

Docket No: 2756-01
12 June 2001

 

 

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 June 2001. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and

applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by CMC memorandum 4050.1K LFT-3-WC of 21 May 2001, a copy of which
is attached.

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board. In this regard, it is important
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

 

2 NAVY ANNEX
WASHINGTON, DC 20380-1775 4050.1K
LFT-3-Wc
21 May O1

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 

Subj: PETITION OF CAPTAI

Ref: (a) Joint Federal Travel Regulations

MENG shipped household goods (HHG) from

aoe Japan and from Jacksonville, North Carolina to
Camp Pendleton, California. His household goods shipment
weight totaled 16,014 pounds that resulted in excess costs
being incurred by the member for exceeding his maximum
weight entitlement of 14,500 pounds.

2. A service member in the grade of Captain is authorized
shipment of up to 14,500 pounds of household goods at
Government expense. These limits are prescribed in the
reference. A service member who exceeds their maximum
weight entitlement is liable for all excess costs incurred.

3. A service member cannot plan the shipment of personal
property based on future promotions, nor can a change or
cancellation of an assignment be considered in prescribing

weight allowances, as they are determined by Congress and
are law.

4. This Headquarters has determined that the Pay Adjustment
Authorization is correct as issued, and we are unable to
recommend a favorable determination of this case.

 

By direction

~

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